Table of Contents
Estimated reading time: 8 minutes
Key Takeaways
- Rights and limits for working while on comp in California.
- Reporting obligations, documentation, and communication tips.
- Examples of acceptable vs risky work and what to do before accepting work.
- When to consult a workers’ comp attorney.
Intro — Can I work while on workers comp California?
Can I work while on workers comp California is a common question after a workplace injury. This article explains when you can continue working or take part‑time/side jobs while receiving workers’ compensation benefits in California, how earnings affect your benefits, and the practical steps to protect your claim. If you’re thinking about a part‑time job after work injury or a side job during workers compensation, this guide explains how working under restrictions workers comp rules and supplemental income and comp benefits interact. You’ll get plain-English answers, examples, and checklists.
What you’ll learn:
- Rights and limits for working while on comp in California
- Reporting obligations, documentation, and communication tips
- Examples of acceptable vs risky work
- What to do before accepting work
- When to consult a workers’ comp attorney
Quick primer on California workers’ compensation
Supplemental income and comp benefits rules make more sense once you know the benefit types and who does what.
Temporary Total Disability (TTD)
Temporary Total Disability (TTD): TTD pays wage replacement when your injury renders you completely unable to perform your pre‑injury job. While receiving TTD you are generally not permitted to work at your former job, and taking undisclosed work can jeopardize benefits. Your employer or the insurer may suspend benefits if you work against medical advice or fail to report earnings. See sources below.
Temporary Partial Disability (TPD)
Temporary Partial Disability (TPD): TPD applies when you can perform limited or reduced hours/duties and your earnings are less than your pre‑injury wages. TPD provides partial wage replacement calculated on the wage loss. Typically, it pays a portion (often two‑thirds) of the difference between your average weekly wages and what you earn while partially disabled, subject to statutory caps.
Permanent Disability (PD) and MMI
Permanent Disability (PD) and MMI: PD covers lasting impairment after you reach Maximum Medical Improvement (MMI). You may work with restrictions while receiving PD benefits, depending on doctor‑defined limitations.
Vocational rehabilitation/Supplemental Job Displacement Benefits
Vocational rehabilitation/Supplemental Job Displacement Benefits: If you cannot return to your old job, you may receive a voucher to help pay for retraining or skill development to transition into new work.
Treating physician
Treating physician: The treating physician sets the official work restrictions and determines fitness-for-duty. Working under restrictions workers comp means these medical limits govern what work is permitted and what modified duty is appropriate. Learn more here.
Employer and claims adjuster roles
Employer and claims adjuster roles: Your employer and the insurer’s claims adjuster may offer modified duty, track wages, and pay benefits. They can request documentation, monitor your restrictions, and investigate undisclosed work if red flags arise.
Sources: Learn more at Employees First Labor Law, Learn more at Consumer Attorneys, Learn more at Joe Pluta.
Can you work while getting workers’ comp in California? — direct answer
Yes — in some circumstances you can work while receiving workers’ compensation in California, but only if you follow your doctor’s restrictions, report all earnings, and meet legal obligations. This is the short answer to can I work while on workers comp California, and the details matter.
Two common scenarios:
- Modified duty with the same employer: Typically allowed when duties match your medical restrictions. The employer may reduce lifting, change tasks, or cut hours. You must follow your doctor’s limitations and update the adjuster if anything changes.
- Outside work — part-time job after work injury or a side job during workers compensation: Allowed only if the work fits your restrictions and you disclose it to your treating physician, your employer, and the claims adjuster before starting. Expect your TTD/TPD benefits to be adjusted based on reported earnings.
Consequences of non‑disclosure:
- Failing to report work or hiding income can lead to benefit suspension, offsets, and repayment demands.
- Investigators may review social media, payroll, or surveillance. If you misrepresent your limitations or income, you risk fraud allegations under California Insurance Code §1871.4.
Caution: Never start new work while on comp without written doctor approval and written notice to the adjuster.
Sources: Learn more at Employees First Labor Law, Learn more at Consumer Attorneys, Learn more at Joe Pluta, View California Insurance Code §1871.4.
Part-time job after work injury — what the law and practice allow
A part-time job after work injury may be allowed if the duties fall within your medically documented restrictions. The key is alignment: the new job’s tasks, schedule, and physical demands must match your doctor’s written limits.
How TPD works
How TPD works: If your part‑time wages are less than your pre‑injury wages, you may be eligible for Temporary Partial Disability (TPD). TPD generally pays a portion of the wage loss (commonly around two‑thirds of the difference), up to statutory maximums. Your claims adjuster will calculate the offset and adjust payments accordingly. Learn more here.
Action checklist:
- Get written work restrictions from your treating physician plus a note confirming the part‑time job fits those limits.
- Give the claims adjuster the job description, expected hours, and pay rate before starting.
- Keep pay stubs, timecards, and a weekly task log. Save all emails/texts about duties.
- Ask your doctor to document any symptom changes tied to the new work.
Example:
Pre‑injury weekly wage = $1,000. New part‑time weekly wage = $400. Wage loss = $600. TPD would typically pay about two‑thirds of $600 (≈ $400), subject to caps. Supplemental income and comp benefits will be coordinated through offsets.
Sources: Learn more at Employees First Labor Law, Learn more at Consumer Attorneys, Learn more at Joe Pluta.
Side job during workers compensation — pitfalls and precautions
If you’re considering a side job during workers compensation, take extra care to ensure the job does not conflict with your medical restrictions. Side gigs often create misunderstanding and can trigger investigations if not handled transparently.
Risks to avoid:
- Physical conflicts with restrictions (lifting, prolonged standing, repetitive motion)
- Aggravating or worsening the injury due to incompatible tasks
- Appearing to misrepresent disability status (e.g., working while claiming TTD)
Disclosure steps:
- First, discuss the proposed duties with your treating physician and get written confirmation they are safe.
- Next, notify your claims adjuster and employer in writing before you start. Include job duties, hours, and pay rate. Keep copies of every message.
Examples:
- Acceptable: Remote administrative, customer service, or call‑center work for someone with lifting limits.
- Risky: Warehouse or delivery roles for someone with lifting/standing restrictions.
- Borderline: Restaurant host duties may be okay if lifting is restricted but standing is allowed — only with doctor approval.
Consequence recap: Hiding or failing to disclose outside work can lead to offsets, repayment, suspension, or fraud investigations.
Sources: Learn more at Employees First Labor Law, Learn more at Consumer Attorneys, Learn more at Joe Pluta.
Working under restrictions workers comp — modified duty, refusal, and employer obligations
Working under restrictions workers comp requires understanding your doctor’s limits and your employer’s duty to offer suitable modified work where possible.
Employer obligations:
California employers should make reasonable efforts to return injured workers to modified or transitional work consistent with medical restrictions.
Suitable work means duties that match the physician’s limits, avoid unnecessary risk, and, when feasible, keep you with the same employer.
Refusal consequences:
If you refuse a genuinely suitable modified‑duty offer without valid medical justification, your TTD benefits may be suspended or denied. Learn more here.
Always request the offer in writing and get a doctor’s note if the position is medically inappropriate.
Documentation checklist:
- Written job offer and full job description
- Dates/hours, pay rate, and the physical requirements
- Physician note explaining any incompatibility with restrictions
- Copies of all communications with employer and adjuster
Sources: Learn more at Consumer Attorneys, Learn more at Employees First Labor Law.
Supplemental income and comp benefits — how they interact
Supplemental income and comp benefits often interact: additional earnings can reduce your temporary partial disability benefit and must be reported. The system is designed to replace part of your wage loss, not to double‑pay for the same hours.
Key principle:
TPD replaces a portion of the difference between your pre‑injury average wages and what you earn while partially disabled. Undisclosed earnings can trigger repayment, penalties, or accusations of misrepresentation.
Example calculation:
Pre‑injury average weekly wage: $1,200
Part‑time earnings: $500
Wage loss: $700
TPD typically pays about two‑thirds of $700 (≈ $467), subject to caps and statutory rules. Exact formulas vary; your adjuster applies current state maximums.
Recordkeeping and reporting:
- Save pay stubs, timecards, job descriptions, hours worked, receipts, and doctor notes.
- Report all outside earnings from a part-time job after work injury or a side job during workers compensation promptly to your adjuster.
Tax note:
Workers’ compensation benefits are generally not taxable. Consult a tax advisor for specifics.
Sources: Learn more at Employees First Labor Law, Learn more at Joe Pluta, Learn more at Consumer Attorneys.
Practical checklist before accepting any work while on benefits
- Get written work restrictions from your treating physician (date, physician name, signature).
- Obtain the new job’s written job description and confirm each task fits restrictions; this is essential when working under restrictions workers comp rules.
- Get written confirmation from your doctor that the duties are permissible, especially for a part-time job after work injury.
- Notify your employer and claims adjuster in writing before starting the job (include claim number, job duties, hours, and pay rate) — required if it’s a side job during workers compensation.
- Keep records: pay stubs, timecards, weekly activity log, copies of all communications.
- If refusing a modified‑duty offer, request the offer in writing and document medical reasons for refusal (doctor’s note); consult an attorney if benefits are threatened.
Sources: Learn more at Employees First Labor Law, Learn more at Consumer Attorneys.
Common scenarios & mini case studies
Scenario A — Light duty with same employer
You injure your shoulder. Doctor allows no lifting over 10 lbs. Employer offers a desk role. Outcome: You continue working; if pay is the same, no TTD. If pay drops, TPD may cover part of the loss. Save the written offer and doctor note. Sources below.
Scenario B — Part-time job after work injury
You take a 20‑hour retail role within your standing and lifting limits. You earn less than before. Outcome: You must report the job; TPD will offset based on wage loss. Provide job details to the adjuster and keep pay stubs. This is a standard, disclosed side job during workers compensation. Sources below.
Scenario C — Hiding work
You collect TTD while secretly doing heavy delivery work. Outcome: Investigation, benefit suspension, repayment, and possible fraud allegations. Disclose all work and follow restrictions. Sources below.
Sources: Learn more at Employees First Labor Law, Learn more at Consumer Attorneys, Learn more at Joe Pluta.
When to consult a workers’ comp attorney or representative
If you’re still asking can I work while on workers comp California after reading this, or you see any red flags, speak with a professional.
Red flags:
- Benefits suspended or reduced after you report work
- Accusations of fraud or demands for repayment
- Confusing or contradictory doctor restrictions
- Employer refuses modified duty or offers unsafe work
- Complex offsets you can’t verify
Action: Contact a workers’ compensation attorney immediately, document all communications, and preserve pay/time records. State resources: California Division of Workers’ Compensation (DWC). Lawyer search: State Bar of California Attorney Search. Learn more here.
Links: California DWC, State Bar Attorney Search, Consumer Attorneys article.
FAQ
Q: Can my employer force me to accept modified duty?
A: No. They can offer suitable modified duty, but refusal without valid medical reason can affect benefits. Get offers and refusals in writing. Source: Consumer Attorneys
Q: Will part‑time earnings stop my benefits?
A: Not automatically. TPD adjusts for earnings; report all wages from a part-time job after work injury. Source: Employees First Labor Law
Q: Do I have to tell the adjuster about side work?
A: Yes. Disclose a side job during workers compensation in writing before starting. Source: Consumer Attorneys
Q: What if my new job makes my injury worse?
A: Tell your doctor and adjuster immediately. You may have a compensable aggravation. Source: Employees First Labor Law
Mandatory disclaimer
This article is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a California workers’ compensation attorney.
Closing / Resources / Call to action
Bottom line — disclose all work, follow your doctor’s restrictions, and document everything to protect your claim. Download the one‑page Return‑to‑Work Checklist and use the templates below. For more on supplemental income and comp benefits, see the resources.
Primary CTA: Get a free and instant case evaluation by Visionary Law Group. See if your case qualifies within 30 seconds: Get a free case evaluation.
Resources
- Employees First Labor Law
- Consumer Attorneys
- Joe Pluta blog
- California Division of Workers’ Compensation (DWC)
- How to file a workers’ comp claim
- How long can you be on workers’ comp in California
- Workers’ compensation benefits
Resources and downloads
Downloadable checklist (PDF): Before Accepting Work on Workers’ Comp (California) — Return‑to‑Work Checklist
- Contents mirror the Practical checklist section above.
- Includes references to working under restrictions workers comp and part-time job after work injury in the relevant bullets.
Sample notification email/letter to claims adjuster and employer (copy/paste and adapt)
Subject: Notice of [part-time job after work injury / side job during workers compensation] — Claim #[Your Claim Number]
Dear [Adjuster/Employer Name],
I am notifying you that I intend to begin [describe job: e.g., part‑time retail position, remote administrative side work] on [start date] while receiving workers’ compensation benefits for my injury dated [DOI].
Treating physician: Dr. [Name], [specialty]. Current restrictions: [list exact restrictions]. My doctor has reviewed the attached job description and confirmed the duties fit my restrictions.
Position details: Employer [Company], duties [brief list], hours [X per week], pay rate [$X/hour]. I will provide pay stubs and time records as requested and will promptly report any change in duties, hours, or symptoms.
Please confirm receipt and advise if additional documentation is required.
Sincerely,
[Your Name]
[Claim Number]
[Phone/Email]
[Attachments: doctor note, job description]
Optional: sample doctor confirmation form (have clinic print and sign)
Title: Physician Work Clearance — Proposed Modified/Outside Employment
- Patient name:
- Claim number:
- Diagnosis/injury:
- Current work restrictions (attach work status note):
- Proposed job description reviewed: [Yes/No]
- Are the proposed duties within restrictions? [Yes/No]
- Approved hours per day/week:
- Special limitations (posture, lifting, repetitive motion, breaks):
- Comments:
- Physician name, license, signature, date:
- Clinic contact:
Research citation note for templates: Please include references to: California DWC, Employees First Labor Law, Consumer Attorneys, Joe Pluta.
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Can you work while on workers’ comp in CA? Short answer: sometimes — disclose work, follow doctor restrictions, and document everything. Download our checklist.
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